Question posted in the Landlord Tenant Law category relating to Western Cape
Good Afternoon,
On the 31st of January 2024 I gave two months written notice to vacate the rental property on the 31st of March 2024.This was early termination of my second year lease which ended on 31 July 2024.Reasons for early termination was due to harrassment, threats, noise and undue lockouts, found out was paying more rent pm than other tenants in the complex, told to stop working as a bookkeeper from the premise after permission was given at beginning of lease (thus crippling me financially) and neither party remied the situation over the 20 months of my renting the property.All complaints were unanswered.Rental agent only told landlord three weeks after I gave notice, which infuriated the landlord and she is trying to hold me liable.Then in 2nd week of March 2024 I requested to withdraw the notice and stay on for the remainder of my lease till the 31st of July 2024.The landlord refused to allow me and the rental agent stated in writing to me that the landlord had procurred a occupier for the unit from the 1st of April, so I couldn't stay on.I accepted & acknowledged this and went ahead to procure a new property to rent.On the 27th of March 2024 I received a letter via the sheriff from the landlords attorney demanding I vacate by the 31st of March or they will proceed with eviction.This was in now way necessary as I had informed the letting agent that I would vacate by the 31st of March 2024.I request outgoing inspections which neither party attended.On the 11th of April 2024 after I had moved out on the 31st March 2024, I received an email from the letting agent advising me they had performed an outgoing inspection on the 3rd of April without me.They did not invite me to attend.Then on the 19th of April 2024 I received an email informing me they were withholding my entire deposit of R25 900, for one months rental penalty for early termination, painting of unit, cleaning of unit, utilities and cost of attorney to send demand letter on the 27th of March 2024.I emailed them this was no legal, as I had given 2 months notice and paid both months rent, that they had refused to allow me to stay on for the remainder of my lease, they had threatened me with eviction if I did not vacate by the 31st of March as they had procured a new occupier for the unit, that they had not held the outgoing inspection with me, that no damage was done to the unit besides normal wear and tear and lastly that the attorney letter was not necessary due to the fact I had informed the rental agent I was moving out by the 31st of March and that the dispute between the rental agent & the landlord had nothing to do with me.Please assist.